Loading...
O-1728-5-99ORDINANCE NO. 1728-5-99 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425.5-% AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING CONDITION VLD OF THE DEVELOPMENT REGULATIONS OF PLANNED DEVELOPMENT NO. 68, ORDINANCE NO. 1615-7-98, TO INCREASE THE MAXUffiM HEIGHT FOR PARCEL 5 FROM 50 FEET TO 80 FEET FOR 3.2089 ACRES IN THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708, CITY OF ALLEN, COLLIN COUNTY, AND BEING FURTHER DESCRIBED IN EXHIBIT `'H" ATTACHED HERETO; PROVIDING FOR AMENDED DEVELOPMENT REGULATIONS, AND BUILDING ELEVATIONS ATTACHED HERETO AS EXHIBITS "P' AND "J", RESPECTIVELY; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of Allen, and the governing body of the City of Allen, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair ' hearing to all the property owners generally and to all persons interested and situated in the affected area, and in the vicinity thereof, and in the exercise of its legislative discretion, have concluded that Zoning Ordinance No. 1425-5-96 and Zoning Map of the City of Allen, as previously amended, should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, of the City of Allen, Texas, as previously amended, be and the same is hereby amended, by amending condition VI.D of the Development Regulations of Planned Development No. 68, Ordinance No. 1615-7-98, for Parcel 5 to increase the maximum height from 50 feet to 80 feet for the following -described tract of land: 3.2089 acres in the William Perrin Survey, Abstract No. 708, City of Allen, Collin County, Texas, and being further described in Exhibit "H" attached hereto and made a pan hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the amended Development Regulations and Building Elevations, attached hereto as Exhibits "P' and "J", respectively and made pan hereof for all purposes, and which me hereby approved. SECTION 3. That the property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City of Allen, as heretofore amended, and as amended herein. SECTION 4. That all ordinances of the City of Allen in conflict with the provisions of this ordinance shall ' be, and the same are hereby, repealed; provided, however, Planned Development No. 68, Ordinance No. 1615-7-98, except as amended herein, and all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 5. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Comprehensive Zoning Ordinance, as amended hereby, which shall remain in full force and effect. SECTION 6. That an offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. SECTION 8. That this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 2e DAY OF MAY, 1999. APPROVED: RO - T Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITY ATTORNEY JAfly MWison, CMC, CITY SECRETARY Ordinance No. 1728-5-99 Paget LEGAL DESCRIPTION 1 PARCEL 5 E BEING a tract of land situated in the City of Allen, Collin County, Texas and being a part of the William Perrin Survey, Abstract No. 708, and being part of a tract of land described as 16.6861 acres conveyed by Kendall Land 'Corporation to Modstone Partners, Ltd. by deea dated August 17, 1992, as reccrded in County Clerk's File No. 92-0055975, Land Records, Collin County, Texas and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found in the east right-of-way line of U. S. Highway No. 75 (a variable width right-of-way), said point being the northwest corner of the above said 16.6861 acre tract; -HENCE South 75 deg. 58 min. 16 sec. Eas- a distance of 349.37 feet to a point for corner; THENCE South 14 deg. 01 min. 44 sec. Wes, a distance of 400.00 feet to a point for corner; -HENCE Ncrth 75 deg. 58 min. 16 sec. West a distance of 349.53 feet to a point for corner; -HENCE Ncrth 14 deg. 03 min. 06 sec. East along the east right-of-way line of scid U.S. Highway No. 75 a distance of 4.00.00 feet to the POINT OF BEGINNING and containing 139,779 square feet or 3.2089 acres of Iona. EXHIBIT H Ordinance No. 1728 -5 -99 -Page 3 ' PLANNED UNIT DEVELOPMENT DISTRICT ZONING CONDITIONS N.E.C. Hwy. 75 & Bethany Drive, Allen, TR General Requirements and Parcel Stipulations I. Statement of Purpose The development goals for this property have been significantly elevated since the inception of the original zoning on this property many years ago. The nature of officelindustrial parks has changed dramatically during this time. The earlier concept plan of office/industrial has now been replace with a more service support development for the surrounding industrial developments. This area is now envisioned to be capable of supporting a full service hotel, sit down restaurants and service retail. IDUM This Planned Development District shall not affect any regulation found in the Comprehensive Zoning Ordinance, Ordinance No. 1425-5.86, as amended ' prior to adoption of this ordinance, except as specifically provided herein. III. General Reeulations All regulations of the CC (Corridor Commercial) District set forth in the Comprehensive Zoning Ordinance are included by reference and shall apply, except as otherwise specified in this ordinance. 1. Concent Plan: The concept plan set forth under Item IIC illustrates the character of development expected to be required by the detail plan when submitted. V. OMIT EXHIBIT I Ordinance No. 1728-5-99 - Page 4 n LJ Vl. General Requirements of the Planned Unit Development A. The Land Use and Concept Site Plans accompanying this application shall become a part of this ordinance. All final site plans for each Parcel shall substantially conform to the Concept Site Plan. B. Each parcel shall provide for mutual access and internal circulation through and around each parcel. C. The building setback on Bethany shall be a minimum of 80 feet for Parcels 2 and 3. The building set back on Hwy. 75 shall be a minimum of 80 feet for Parcels 4 and 5. The building setback on Bethany and Hwy, 75 shall be a minimum of 50 feet for Parcel 1 only. D. Building height shall be a maximum of 35 feet except Parcel 5, the hotel site, which shall be 80', exclusive of towers, cupolas, spires and other woor architectural features and elements. E. A harmonious relationship shall exist between various buildings within the cohesive development. Building styles should be complimentary and compatible building materials shall be used on all buildings. Materials to be used for construction shall include: 30% brick -minimum and stucco, concrete or glass. Roof materials may be metal or tile roof, no mansard will be permitted. Wood siding shall not be allowed. The design shall show that due regard has been given to orientation of structures to street, and especially, the creation and utilization of vistas and open space. "Prototype" or "theme", designs for structures thA are = in concert with the surrounding development are discouraged, and are allowed only when they include and incorporate building materials, colors and similar distribution of those materials as shown on the attached "Concept Architectural Elevation." All rear and side building facade walls shall be architecturally constant in conjunction and appearance with typical front elevations of these buildings. EXHIBIT I Ordinance NO. 1728-5-99 - Page 5 F. Glare and Illumination Lighting shall be in accordance with Section 3.06, Class II, City of Allen Zoning Ordinance. The items below are in addition to City Requirements. In the event that there is a conflict, the most restrictive will apply. 1. Glare a. Any use will be operated so as not to produce glare or direct illumination across the bounding property line from a visible source or illumination of such intensity as to create a nuisance or detract from the use or enjoyment of adjacent property. b. All outside lights will be made up of a light source and reflector so selected that acting together the light beam is controlled and not directed across any bounding property lines of the cohesive development above a height of three (3) feet at a maximum intensity of 0.5 foot candles. 2. Illumination a. Parking Lot and Loading Area Lighting: 1) The mounting height of luminary fixtures will not exceed 25' in height. 2) Standards, poles and fixture housings will be of a bronze or dark brown color for all parcels and shall be compatible with the design of fixtures of adjacent building within the cohesive development. 3) All lighting fixtures will be restricted to down -light or cut- off type of what is commonly referred to as a "shoe -box" fixture. 4) All lighting for this category shall be metal halide. b. Security Lighting: 1) Pole and wall -mounted fixtures mounted 8 feet or more above surrounding grade will be of a down -light or cut-off type. 2) All lighting for this category shall be either metal halide. EXHIBIT I .Ordinance No. 1728-5-99 - Page 6 EXHIBIT I Ordinance No. 1728-5-99 - Page 7 3) All other lighting shall be in accordance with Section 3.06, City of Allen Zoning Regulations. G. All restaurants shall be full service/sit-down type. Restaurants are not allowed to utilize drive-thru or walk-up windows. H. A special use permit is required for a private club in order to sell alcoholic beverages. A separate submission is required for each parcel. I. Landscaping: Landscaping shall meeet or exceed the City of Allen Zonning Ordinance Section 3.05. The items below are in addition to City Requirements: 1. A minimum percentage of each site shall be landscaped according to the following requirements. Landscaped areas, for the purposes of meeting this requirement, shall include all outside plantable ground surface including buffers, parking lot landscaping, and other required landscaped areas. All landscaped areas will be planted with trees, shrubs, grass and/or other living ground cover. a. A minimum of ten (10) percent of the platted area of each lottsite shall be landscaped. This includes perimeter landscape buffers and interior parking lot landscape. 2. A 25 foot landscape buffer shall be provided adjacent to US 75 and a 10 foot landscape buffer adjacent Bethany rights-of-way in which no building, structure, or parking shall be permitted. A 15 foot landscape buffer shall be provided adjacent Bethany right-of-way for Parcel One. A uniform, consistent design of these buffers shall be developed by the project developer and consist of sod grasses, ground covers, trees, shrubs, decorative walls, earthen berms, and other commonly used and accepted landscape treatments. The project developer shall be responsible for the installation of landscape materials along all ROW's at the time of development of any one parcel. 3. Two and one-half (2 1/2) foot high walls, berms or decorative fences, and shrubs (3 gallon minimum) shall be used to screen parking from adjacent streets. When berms are used, the following design requirements shall be met: a. Berms shall have a minimum height of 24 inches above the average grade of the street and parking lot curbs. EXHIBIT I Ordinance No. 1728-5-99 - Page 7 L b. Berms shall vary in height and be contoured for a "natural" look. A straight line 'levee"- effect shall be avoided. — c. Berms shall be teardrop in form with the tails overlapping adjacent berms. Adequate drainage will be allowed between tails of adjoining berms. d. Berms should have shrubbery planting added to their lowest points in order to more fully screen the views of vehicles in parking lots and loading areas. 4. Interior Parking Lot Landscaping: Any parking area shall provide for interior landscaping in addition to the required perimeter landscape buffer. Interior landscaping shall include all areas within the paved boundaries of the parking lot as well as planting islands, curbed areas, corner lots, parking spaces, and all interior driveways and aisles except those with no parking spaces located on either side. The landscaping shall consist of the following: a. There shall be one large tree for every 20 parking spaces or portion thereof per city ordinance. In addition, there shall be one small tree for every 30 parking spaces or portion thereof. The placement of trees shall be coordinated with the location of lights used to illuminate a parking area so they will be of such stature that they will not interfere with these lights at maturity. b. A landscaped area of not less than four (4) feet by four (4) feet shall be provided for each tree located within a parking lot. C. No parking space shall be further than 50 feet from a tree. d. Parking lot landscape islands shall be a minimum six (6) feet wide. e. Landscape areas 20 square feet or less shall be planted in ground cover. J. Screening and Fences: 1. Trash containers, maintenance facilities, and trucks based on the premises shall either be housed in closed buildings or otherwise completely screened from public view in a manner architecturally compatible with the building. EXHIBIT I Ordinance No. 1728-5-99 - Page 8 L VI. Parcel Specific Requirements A. Parcel One 1. Uses allowed within this Parcel shall be limited to service station/convenience store, with the use of an automobile car wash as an accessory to main use, a bank or another type of financial institution. B. Parcel Two, Three and Four 1. Uses allowed within this Parcel shall be limited to restaurant and to those listed retail service and commercial type uses. 2. No individual building used for retail purposes shall exceed 15.000 s.f. in area. 3. Permitted uses shall include: Retail Service Use: A. Art Supplies B. Bakery or Confectionery (Retail) C. Barber and Beauty Shops D. Book, Card or Novelty Shops E. Cleaning (Small Shop and Pick-up) F. Clinic, Doctor or Dentist Office G. Florist (No Outside) H. Key Shop, Locksmith I. Office Supplies J. Travel Agent Commercial Type Uses: A. Banks and Financial Institutions B. Small Job Print Shop C. Real Estate Sales Office D. Utility Business Office E. Office building C. Parcel Five 1. Use allowed within this parcel shall be limited to a full service hotel use with restaurant inside the building. A full service hotel shall be described as: full service restaurant, meeting/ conference rooms, concierge suites, and typical guest rooms. ' EXHIBIT I Ordinance No. 1728-5-99 - Page 9 Hiltoi\ -\ i li rlimMji1/i u1 1=1111 i//imi joumu mi jimi i11i jrnmMj pn i IIIA:' O ��ll�u���m � MIIII !111i111i1/11 1i/I iL/iFil111111/I 1111 1111 111111111111=11 11111�1111 1111 1111 1111 I//I,�111�111�1111 �_ IIII �111�111�1//I 11/I ��/��111�111�1111 11/I 1111 1111 I/11,�111�111�1111 �_ _ I moi. ml =;5; ism NWI �I oUOIRH EXHIBIT J